Bill Text: TX SB642 | 2021-2022 | 87th Legislature | Enrolled

Texas Senate Bill 642 (Prior Session Legislation)

Bill Title: Relating to the provision of mental health services for certain children at risk of relinquishment.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2021-06-14 - Effective immediately [SB642 Detail]

Download: Texas-2021-SB642-Enrolled.html



	S.B. No. 642




	AN ACT
	relating to the provision of mental health services for certain
	children at risk of relinquishment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 262.351, Family Code, is amended by
	amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
	read as follows:
	(1) "Commission" means the Health and Human Services
	Commission.
	(1-a) "Department" means the Department of Family and
	Protective Services.
	(1-b) "Relinquishment avoidance program" means the
	Health and Human Services Commission's program that provides mental
	health services to a child with a severe emotional disturbance
	without the child entering the managing conservatorship of the
	department.
	SECTION 2. Subchapter E, Chapter 262, Family Code, is
	amended by adding Section 262.353 to read as follows:
	Sec. 262.353. PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN
	SERVICES. (a) The commission may not require the department to
	conduct a child abuse or neglect investigation before allowing a
	child to participate in the relinquishment avoidance program unless
	there is an allegation of abuse or neglect of the child.
	(b) A local mental or behavioral health authority may refer
	a child directly to the relinquishment avoidance program without
	first contacting the department.
	(c) The department and the commission shall:
	(1) jointly adopt comprehensive guidance for
	providers and families that describes:
	(A) how to access services under the
	relinquishment avoidance program; and
	(B) the child's and family's rights when the
	child's parent or legal guardian:
	(i) relinquishes the child in order to
	obtain mental health services for the child; or
	(ii) accesses services under the
	relinquishment avoidance program;
	(2) publish the information described by Subdivision
	(1) on the agency's Internet website; and
	(3) make the information described by Subdivision (1)
	available to caseworkers and families with a child who has a severe
	emotional disturbance.
	(d) The department and the commission shall jointly adopt
	clear and concise protocols for families at risk of relinquishing a
	child for the sole purpose of accessing mental health services for
	the child. The protocols must:
	(1) include procedures for determining eligibility
	for the relinquishment avoidance program, including emergency
	eligibility procedures for children who are at immediate risk of
	relinquishment;
	(2) include procedures for applying for the
	relinquishment avoidance program;
	(3) identify who will manage the case of a family
	eligible for the relinquishment avoidance program;
	(4) identify the funding and resources for the
	relinquishment avoidance program; and
	(5) identify the role of each party involved in the
	relinquishment avoidance program, including the department, the
	commission, contracted residential treatment centers, and local
	mental and behavioral health authorities.
	(e) The department and local mental and behavioral health
	authorities shall follow the protocols adopted under Subsection
	(d).
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2021.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 642 passed the Senate on
	April 21, 2021, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 27, 2021, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 642 passed the House, with
	amendment, on May 18, 2021, by the following vote: Yeas 131,
	Nays 6, two present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor